beta
(영문) 인천지방법원 2018.01.12 2017구합51666

기타부담금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 7, 2007, the Plaintiff continued to designate the head of Yeonsu-gu Incheon Metropolitan City from the head of the Yeonsu-gu Incheon Metropolitan City as the implementer of an urban development project (hereinafter “instant project”) that is implemented according to the replotting method in the Yeonsu-gu Incheon Metropolitan City Urban Development Zone 407,913 square meters (hereinafter “instant project district”).

B. Under the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Facilities Promotion Act”), the Defendant, for convenience, shall clearly state the statutes that were in force on March 16, 2017, where the disposition of imposition stated in the purport of the Plaintiff’s claim for revocation was taken, unless it specifically mentions the past statutes.

Article 6(1) of the Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Enforcement Decree of the Waste Facilities Promotion Act”), Article 4 of the Enforcement Decree of the Act on the Establishment and Operation of Special Accounts for Waste Disposal Facilities in Yeonsu-gu Incheon Metropolitan City (hereinafter “instant Ordinance”), and Article 3 of the Yeonsu-gu Incheon Metropolitan City Ordinance on the Calculation of Expenses for Installation of Waste Disposal Facilities and the Establishment and Operation of Special Accounts for Waste Disposal Facilities (hereinafter “instant Ordinance”), shall calculate the site purchase expenses and installation expenses for waste disposal facilities (e.g., incineration facilities and food waste disposal facilities; hereinafter the same shall apply) to dispose of wastes generated from the instant project district as follows. On September 28, 2016, the Plaintiff imposed a charge for installation of waste disposal facilities amounting to KRW 1,765,890

The cost of purchasing the site for the incineration facility shall be 1,765,890,230,733,720,000 food waste disposal facility site purchase cost, 188,687,280,258,570,000, totaling 1,765,890,230

C. The Plaintiff is against the Incheon Metropolitan City Administrative Appeals Commission on December 26, 2016.

The administrative appeals commission filed an appeal seeking revocation of the imposition of waste disposal facility charges as stated in the paragraph, and the said administrative appeals commission filed an appeal on January 23, 2017.

(b).